Activities of Jorge BUXADÉ VILLALBA related to 2022/0134(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast)
Amendments (23)
Amendment 142 #
Proposal for a directive
Recital 8
Recital 8
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. This risk is particularly relevant forMoreover, this Directive should not apply to those third- country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for EU long-term resident status submitted by third-country nationals who residsuch as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in athe Member State in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budgetor is merely subject to the requirement of the investors’ presence in the Member State for a limited time.
Amendment 152 #
Proposal for a directive
Recital 11
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but theyand may notalso impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective ofbut shall in any case carry out an actual examination of the situation of each applicant, taking account of all the circumstances of the case in their decision. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long- term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. , and that the resources are proven not to originate from illegal activities of any kind, such as the circumvention of domestic or international embargoes, and money or asset laundering.
Amendment 162 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should be able to require applicants for EU long-term resident status to comply with integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to jeopardiseconstitute a disproportionate obstacle to the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third- country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, illiteracy or level of education.
Amendment 170 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to promote circular migration of EU long-term residents, in particular to allow them to invest in their countries of origin and share the knowledge and skills acquired in the Union, as well as to return temporarily to their countries of origin for personal and family circumstances, EU long-term residents should be allowed to be absent from the territory of the Union for up to 124 consecutive months without losing their EU long-term resident status. In case of longer absences, Member States should establish a facilitated procedure for the re- acquisition of the EU long-term resident status.
Amendment 190 #
Proposal for a directive
Recital 27
Recital 27
Amendment 200 #
Proposal for a directive
Recital 29
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities.
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) reside in a Member State only by virtue of a residence permit granted on the basis of any kind of investment in a Member State;
Amendment 242 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall establish appropriate control mechanisms to ensure that the requirement of legal and continuous residence is duly monitored, with particular regard to applications submitted by third-country nationals holding and/or having held a residence permit granted on the basis of any kind of investment in a Member State.
Amendment 259 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of paragraph 1, point (a), Member States shall evaluate the stable and regular resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions prior to the application for long-term resident status. Member States mayshall indicate a certain sum as a reference amount, but theyand may not impose a minimum income level, below which all applications for EU long-term resident status would be refused, irrespective ofbut shall carry out an actual examination of the situation pertaining tof each applicant. In addition, it should be verified whether the stable and regular resources from a third party originate from illegal or irregular activities, such as the circumvention of domestic or international embargoes, money laundering or tax avoidance.
Amendment 286 #
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application mayshall be rejected.
Amendment 287 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Where an application for an EU long-term resident permit concerns a third- country national who holds a national residence permit issued by the same Member State in accordance with Article 14, that Member State shall not require the applicant to give evidence of the conditions provided for in Article 5(1) and (2), if the compliance with those conditions was already verified in the context of the application for the national residence permit unless there has been a substantial change in the circumstances with regard to those prevailing at the time of the initial verification.
Amendment 298 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) in the event of absence from the territory of the Union for a period of 124 consecutive months.
Amendment 303 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. By way of derogation from paragraph 1, point (c), Member States may provide that absences for specific or exceptional reasons exceeding 124 consecutive months shall not entail withdrawal or loss of status.
Amendment 305 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States may provide that the EU long-term resident shall no longer be entitled to maintain his/her EU long- term resident status in cases where he/she constitutes a threat to public policy, in consideration of the seriousness of the offences he/she committed, but such threat is not a reason for ending his/her legal stay within the meaning of Article 13.
Amendment 319 #
Proposal for a directive
Article 9 – paragraph 8
Article 9 – paragraph 8
8. Where the withdrawal or loss of EU long-term resident status does not lead to the ending of the legal stay , the Member State shall authorise the person concerned to remain in its territory if he/she fulfils the conditions provided for in its national legislation and/or if he/she does not constitute a threat to public policy or public security.
Amendment 334 #
Proposal for a directive
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) access to goods and services and the supply of goods and services made available to the public , including access to private housing, and to procedures for obtaining public housing;
Amendment 336 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. With respect to the provisions of paragraph 1, points (b), (d), (e), (f) and (g), the Member State concerned may restrict equal treatment to cases where the registered or usual place of residence of the EU long-term resident, or that of family members for whom he/she claims benefits, lies within the territory of the Member State concerned.
Amendment 339 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3a. Member States may limit equal treatment in respect of social assistance and social protection to core benefits.
Amendment 360 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The children of an EU long-term resident who are born or adopted in the territory of the Member State that issued him/her the EU long-term residence permit shall acquire EU long-term resident status automatically, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child. In case of adoptions, to automatically obtain the EU long-term resident status, it shall be required that the person has never resided irregularly in any Member State.
Amendment 372 #
Proposal for a directive
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5a. If it is established that an adoption was for the sole purpose of the obtaining long-term resident status for the adoptee in breach of the law, the long-term resident’s legal stay shall be terminated and removal procedures shall be initiated, without prejudice to the right to administrative remedies provided for in this Directive.
Amendment 414 #
Proposal for a directive
Article 25 – paragraph 1 – introductory part
Article 25 – paragraph 1 – introductory part
1. Until the third-country national has obtained EU long-term resident status, the second Member State may decide to refuse to renew or to withdraw the resident permit and to oblige the person concerned and his/her family members, in accordance with the procedures provided for by national law, including removal procedures, to leave its territory in the following cases:
Amendment 417 #
Proposal for a directive
Article 25 – paragraph 1 – point b a (new)
Article 25 – paragraph 1 – point b a (new)
(ba) where the third country national is not lawfully residing in the Member State concerned.
Amendment 418 #
Proposal for a directive
Article 25 – paragraph 2 a (new)
Article 25 – paragraph 2 a (new)